Monday, January 16, 2017

Quick end to Cubans’ asylum claim; now they’re hoping for Trump to act

Quick end to Cubans' asylum claim; now they're hoping for Trump to act
BY FRANCO ORDOÑEZ
fordonez@mcclatchydc.com

NUEVO LAREDO, MEXICO
The five Cubans who turned themselves into U.S. immigration authorities
Saturday afternoon were back in Mexico Sunday after they withdrew their
asylum applications out of fear they would miss out on any relief
President-elect Donald Trump might provide.

Agents with U.S. Customs and Border Protection advised them they were
seeking something that no longer existed, faced months in detention and
still likely would be deported, the Cubans said.

"If I entered the asylum process now and then there is a change to help
the Cubans, it wouldn't matter," said Alberto Rafael Ramírez, 29. "I'd
have to continue in the asylum process."

The swift end to their asylum request reveals how difficult it will be
for many Cubans to argue they're political refugees who deserve special
protection. Like other immigrants traveling from Mexico or El Salvador,
Cuban migrants will be subject to being deported if they can't prove a
credible fear of persecution if returned.

Ramírez, Yoanny Iglesia Jimenez, 34, Yoe Luis Santana, 37, Jose Angel
Castañeda, 28, and Yanitsy Correoso Rivero all said they were allowed to
leave the border station without facing any additional penalties.

Immigration lawyers who've consulted with Cuban families questioned the
five's understanding, saying they should be able to benefit from any
future special parole or legal assistance the U.S. government provided –
not that it should be expected.

Jorge Rivera, a Miami immigration attorney, said it sounded like they
received bad advice. But he expected there would be some initial
confusion and discrepancies on how Cubans were handled considering the
recent change.

"Sounds like there is a lot of dissary at the border right now," he
said. "Obama's policy change probably took CBP by surprise just like
everyone else."

While the five are hoping that Trump or the Republican-led Congress will
provide some legal relief that will usher them into the United States,
the likelihood of a policy reversal appears slim.

The most likely champions of their cause, Cuban-American lawmakers, told
the Miami Herald last week that they don't intend to ask Trump to
reinstate the "wet foot/dry foot" policy that for two decades had
allowed any Cuban who arrived on U.S. soil to legally remain in the country.

Spending the night at the border station was difficult for the group.
They were handcuffed and shackled. Some border officials were nicer than
others. But largely the group said they were well treated.

"You can see my face," Casteñeda said. "I'm so tired. My body is tired.
My mind is tired. My faith is almost broken. But I won't leave from here."

Jimenez said the agents were kind, but direct. The five were told they
could be in detention two months or a year. Ramírez said they would be
detained with some dangerous criminals and, in the end, it would be a
difficult battle to win.

Correoso, of Guantánamo, the only woman in the group, said she was
surprised by how well they were treated. The agents gave them tacos and
energy bars. They explained the risks that they were taking and allowed
them to withdraw their applications without being further penalized.

The five were split on what they would do if a legal path to the United
States doesn't emerge.

Ramírez said he has no intention of spending months in a U.S. prison,
but Jimenez said he would seek asylum again. Castañeda and Santana had
yet to make up their mind. Correoso said she'd concentrate on the positive.

"At this moment, the only thing I can focus on is that I'll be able to
enter," she said.

Email: fordonez@mcclatchydc.com; Twitter: @francoordonez.

Source: Five Cubans who sought asylum released back into Mexico | Miami
Herald -
http://www.miamiherald.com/news/nation-world/national/article126754249.html

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